A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] The Defendant, at the Daegu District Court on March 13, 2013, was sentenced to a summary order of a fine of three million won for a violation of road traffic law (driving), on May 23, 2013, a summary order of a fine of six million won in the same court due to the same crime, etc. on May 23, 2013, and on May 1, 2014, a person who driven alcohol on at least two occasions after having been sentenced to a suspension of the execution of imprisonment for six months for a violation of road traffic law (refluence of measurement) by the same court.

[2] On August 18, 2017, the Defendant driven Bcoon with alcohol content of approximately 0.145% at a section of approximately 1km from the front of the Gow Park in the Daegu Dong-gu, Daegu-gu, Daegu-gu, to the front day of the efficial road located in the same Dong-dong-gu, the Defendant driven Bcoon C car with alcohol content of about 0.145%.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, and application of two copies of the summary order and the text of the judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions of the instant records and arguments, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be determined as ordered by taking into account all of the sentencing conditions shown in the instant records and arguments.

The defendant was sentenced to a fine on three occasions due to drinking, refusing to measure drinking, etc., and even though he was sentenced to a suspended sentence of imprisonment, he was also driving under the influence of drinking.

The favorable circumstances: